Attorney Fees in Jordan

Attorney fees in Jordan refer to the monetary compensation that an attorney receives from their client in exchange for legal services provided. These fees reflect the intellectual and physical effort exerted by the attorney, whether it involves legal consultation, legal research, representation in a lawsuit, or advocacy in a case. This article will explore how attorneys are compensated in Jordan and how these fees are calculated.

Attorney fees in Jordan are the rightful compensation for services rendered by the attorney to their client, in accordance with the traditions, ethics of the legal profession, and the legal regulations governing them. They are not considered wages, nor can they be seen as a gift or donation.

Attorney fees also carry an element of appreciation for the attorney’s efforts and talent. Islamic jurisprudence has recognized applications of attorney fees through the contract of agency.

These fees are one of the attorney’s rights and, at the same time, an obligation that the client must fulfill in return for the services provided by the attorney.

Article (45) of the Jordanian Bar Association states: The attorney has the right to receive compensation for the work performed within the scope of their profession.

In this article, we will discuss in detail the definition and the basis for determining attorney fees in Jordan:

Definition of Attorney Fees in Jordan

Attorney fees in Jordan are the compensation an attorney receives for performing legal work. The tasks that qualify as legal work are defined by the Jordanian Bar Association Law. Generally, attorney fees may be the attorney’s sole source of income, with some exceptions, as the law prohibits attorneys from engaging in other professions, including commerce.

Attorney fees are not fixed at a specific percentage or amount, although there is a general guideline that fees should range between 5% to 25% of the value of the case. The fees are subject to an agreement between the attorney and the client. If no agreement is in place, a specialized committee within the Jordanian Bar Association, known as the Fee Assessment Committee, determines the fees. There is no strict rule regarding fees; an attorney may require a percentage, a lump sum, or an hourly rate, though the latter is less common in Jordan and other Arab countries. The calculation of attorney fees depends on multiple and interconnected criteria. However, Jordanian legislation does not specify any criteria to guide this process, unlike many other legal systems. For this reason, we have chosen to provide some observations regarding the elements of fee assessment.

How Much Are Attorney Fees in Jordan?

A common question arises regarding how much an attorney’s fees are in Jordan and whether they are predetermined or subject to negotiation.

Attorney fees in Jordan can be calculated based on the following criteria:

The attorney charges fees according to the contract with the client, provided that these fees do not exceed 25% of the real value of the disputed amount, except in exceptional cases, which are assessed by the Jordanian Bar Association.
If the attorney’s fees are not explicitly agreed upon, the Jordanian Bar Association determines the fees after inviting both parties, considering the attorney’s effort, the importance of the case, and all other relevant factors.
If additional cases arise from the agreed-upon dispute, the attorney has the right to claim fees for them.
The court, upon the request of the opposing party, must award attorney fees, determining the amount, which should not be less than 5% of the awarded amount in the primary stage and should not exceed 1000 dinars in any case, regardless of the amount awarded. Attorney fees in the appellate stage should not exceed half of what was awarded by the primary court.

When Are Attorney Fees Paid in Jordan?

Payment of attorney fees in Jordan is typically governed by the fee agreement and usually falls into one of three scenarios:

Full Advance Payment: This is common in minor cases.
Conditional Success Payment: Fees are due only upon winning the case, usually in civil cases where the opposing party can pay the awarded amount, such as the state or companies.
Partial Advance Payment with Balance on Success: This is common in cases requiring high expenses, often in criminal cases where part of the fee is paid upfront, and the balance is due upon success.

Principles for Determining Attorney Fees in Jordan

To achieve justice for both the attorney and the client, attorney fees in Jordan should be determined based on objective criteria. We will discuss these criteria and the role of mutual agreement in determining these fees.

Assessing Attorney Fees in Jordan

Article (46) states:

The attorney charges fees according to the contract with the client, provided that these fees do not exceed 25% of the real value of the disputed amount, except in exceptional cases, which are assessed by the Jordanian Bar Association.
If the attorney’s fees are not explicitly agreed upon, the Jordanian Bar Association determines the fees after inviting both parties, considering the attorney’s effort, the importance of the case, and all other relevant factors.
If additional cases arise from the agreed-upon dispute, the attorney has the right to claim fees for them.
The court, upon the request of the opposing party, must award attorney fees, determining the amount, which should not be less than 5% of the awarded amount in the primary stage and should not exceed 1000 dinars in any case, regardless of the amount awarded. Attorney fees in the appellate stage should not exceed half of what was awarded by the primary court.

The main takeaway from the above text is that the primary basis for determining attorney fees is the contract between the attorney and the client, followed by the discretionary authority of the Jordanian Bar Association, and then the court’s discretionary power.

Attorney fees can also be determined according to the importance of the case, the time it took to resolve it, the attorney’s experience and effort, the results achieved, and the client’s financial capacity.

It’s essential to note that law practice is not a commercial profession, nor should an attorney provide services for free or for very low fees, as this would damage the reputation of the profession.

In addition to these factors, a judge may introduce new criteria for assessing fees based on their discretion. Below is a detailed explanation of the most important criteria mentioned:

First: The Importance of the Case

The importance of a case can be viewed from two perspectives: its personal significance to the client and the potential impact of the case, and the complexity of the legal issues involved.

The Constitutional Court has considered attorney fees a key objective factor that assists in fair fee assessment. The importance of the case is determined by the potential benefit or interest to the client and whether it is a matter of public concern.

In practical terms, factors like the annual office rent, operating costs, and the client’s financial situation are considered when assessing attorney fees.

Second: The Effort Exerted by the Attorney

Article (55) of the Jordanian Bar Association Law states: The attorney must defend their client with honesty and dedication and is responsible for exceeding the limits of their mandate or for gross negligence.

Many Jordanian Court of Cassation decisions emphasize that attorney fees should correspond to the effort exerted, stating that “attorney fees should be proportional to the effort exerted.”

Third: The Time Spent by the Attorney

Time is an important factor in determining attorney fees. Attending investigation sessions, preparing briefs, submitting documents, and other tasks related to case management take considerable time and should be compensated appropriately.

The attorney’s experience, skill, and the results achieved are also crucial factors in determining fees. Cases vary in difficulty, and rights can be complex and entangled. The attorney’s dedication to their work in defending their client’s rights is another significant factor in fee assessment.

The Role of Agreement in Determining Attorney Fees in Jordan

Attorney fees are typically determined through a mutual agreement between the attorney and the client, specifying the amount and method of payment. The mutual agreement is the default in fee assessment.

The agreement on fees can be either written or verbal, as detailed below:

First: Written Agreement

A written agreement acts as a contract between the attorney and the client, specifying the attorney’s fees for performing legal work. It is subject to the general principles of civil law.

To facilitate and simplify the agency contract for both parties, the Jordanian legislator does not require a specific form for writing. The agreement can be inferred from correspondence, invoices, fax documents, and other similar methods.

Fees can also be agreed upon to be paid monthly or annually in regular installments. Since the contract is the law between the contracting parties, the written agreement between the attorney and the client is binding for both.

Second: Verbal Agreement

A verbal agreement may lead to legal issues due to the difficulty of proving it if one party denies the agreement’s existence. While there is no problem if both parties adhere to the agreement, issues arise when one party denies it, placing the burden of proof on the attorney.

In case of a dispute over a verbal agreement, the Jordanian legislator has established that the competent body to resolve the dispute is the Fee Assessment Committee of the Jordanian Bar Association.

The Bar Association invites both parties and assesses the fees based on several factors, including the importance of the case and the attorney’s effort, as outlined in the second paragraph of Article (46) of the Jordanian Bar Association Law.

To avoid such disputes, it is preferable to have a written agreement to protect rights and prevent conflicts.

Source:
Fees, Expenses, and Attorney Fees in Jordan.